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Senate | July 10, 2013 | Chamber | Session

[Speaker changes.] (gavel)...Senate will come to order. Sargent-at-arms
will close the doors. Members will go to their seats. Members and guests
in the gallery, please silence all electronic devices. Leading the
Senate in prayer is the Reverend Peter Millner???, Senate Chaplain. All
members, guests in the gallery will please stand.
[Speaker changes.] Almighty God, Lord, as we settle in to work again,
we're thankful that you bring us order out of chaos, that you bring
beauty out of nothingness. Each person that stands here today has a
story and that story is either going into chaos or it's movin' into
beauty. But Lord, you have mercy on those that seem not able to get
themselves even moving out of chaos. Even those that are mentally ill
and those that just can't get going, you have mercy. And so we ask that
you change us from being people that judge and retaliate and overpower
into people that are filled with your compassion and with your wisdom.
Bring us back to the place where as a people, we trust that you have our
back. Why can't we trust you, Jesus? You are our strength and our
portion. There's now no more condemnation for us. Move us today in
little ways from overpowering others to listening to others. Give us
grace to accomplish these things. Give us the strength to build up the
citizens of this great state and help us to have wisdom in all we do. In
Jesus' name I pray, Amen. (Group responds Amen.)
[Speaker changes.] Senator Hunt is recognized for a motion.
[Speaker changes.] Thank you, Mister President. The journal of Tuesday,
July 9th, 2013, has been examined and is found to be correct. I move the
Senate dispense with the reading of the journal and it stand approved as
written.
[Speaker changes.] Without objection, the journal for July 9, 2013,
stands approved as written. Senators, we have a leave of absence today
granted for Senator Pate. On the motion of Senator Bingham, Davidson
County, the Chair is happy to extend courtesies of the gallery to the
teachers of Midway Elementary School, here to see the operation of this
Senate. If you are with us today, please stand and be recognized.
Thank you for being with us. On the motion of Senator Brent Jackson of
Sampson County, the Chair is happy to extend courtesies of the gallery
to the students of The Agribusiness Institute. The Agribusiness
Institude is a new program that has been instituted through the STEM
(Science, Technology, Engineering, Mathmatics Early College)at North
Carolina AnT State University, a Guilford County High School College
Program. Students are learning about the policies that impact
agriculture and the economic importance of agriculture in North
Carolina. If you're with us today, please stand and be recognized. On
the motion of Senator Stan Bingham of Davidson County, the Chair is
happy to extend courtesies of the gallery to Carmen ????, Dede ??? and
Andrea ????. I think we just recognized you from Midway. Senator, we
got two courtesies from you. Well, thank you and now I get to recognize
you by name but thank you for being here with us. Upon the motion of
Senators Earline Parmon and Angela Bryant, the Chair is happy to extend
courtesies of the gallery to our Youth Matters Summer Leadership
Emerging Group at Martin Street Baptist Church. If you are with us
today, please stand and be recognized. Reports of Standing Committees.
Senator Tillman, for what purpose do you rise?
[Speaker changes.] Mister President, to send forth a committee report.
[Speaker changes.] Senator Tillman, you can send forward your report.
The Clerk will read.

Senator Tillman for the Education, Higher Education Committee [??].
House Bill 512, unfavorable as to bill but favorable as to Senate
Committee Substitute Bill entitled an act to correct elections made
outside of statutory authority of the Board of Trustees of Central
Carolina Community College.
[SPEAKER CHANGES]
Mr. President.
[SPEAKER CHANGES]
House Bill 512 calendar. Senator Bingham, for what purpose do you rise?
[SPEAKER CHANGES]
Send forth a committee report.
[SPEAKER CHANGES]
Senator, you can-
[SPEAKER CHANGES]
Sorry, conference report.
[SPEAKER CHANGES]
Senator, you can send forward your conference report. The clerk will
read.
[SPEAKER CHANGES]
Conference report Senate Bill 200. The conferees appointed to resolve
the differences between the Senate and the House of Representatives on
Senate Bill 200, a bill to be entitled an act to extend the time for
local forensic science labs to obtain accreditation.
[SPEAKER CHANGES]
Calendar. Senators, we're going to take a moment just to stand at ease.
So just stand at ease for a bit.
[SPEAKER CHANGES]
Mr. President.
[SPEAKER CHANGES]
Senator Brunstetter, for what purpose do you rise?
[SPEAKER CHANGES]
A motion, please.
[SPEAKER CHANGES]
Senator Brunstetter has the floor for a motion.
[SPEAKER CHANGES]
I'd like to move that we recess until 2:45 please.
[SPEAKER CHANGES]
Without objection so ordered. We'll then recess until 2:45, subject to
ratification of bills, the Senate stands in recess.
[SPEAKER CHANGES]
The Senate will come to order. Sergeant at arms close the doors, members
go to their seats. Messages from the House, the clerk will read. Message
from the House, House Joint Resolution 1017, a joint resolution honoring
the memory of designers of the Grove Park Inn while observing the Inn's
100th anniversary.
[SPEAKER CHANGES]
Senators, we're going to go ahead and move into the calendar for the day
starting with local bills. Senator Apodaca. Starting with all local
bills, on second reading we have two local bills. We're going to block
vote those without objection. So without objection we will block vote
House Bill 422 and House Bill 538, House Bill 422, House Bill 538. The
clerk will read.
[SPEAKER CHANGES]
House Bill 422, Marshville Charter Amendment Utility Building, House
Bill 538, APED Land Use Changes.
[SPEAKER CHANGES]
Do we have any discussion or debate? Hearing none. The question before
the Senate is the passage of House Bill 422 and House Bill 538 on their
second reading. All in favor will say aye. Opposed no. The aye's have
it. House Bill 422 and House Bill 538 passes their second reading,
without objection will be read a third time.
[SPEAKER CHANGES]
North Carolina General Assembly enacts.
[SPEAKER CHANGES]
Any discussion or debate? Hearing none. The question before the Senate
is the passage of House Bill 422 and House Bill 538 on their third
reading. All in favor will say aye. Opposed no. The aye's have it. House
Bill 422 passes its third reading, it will be enrolled. House Bill 538
passes its third reading, it will be sent to the House for concurrence
in the Senate Committee Substitute. Moving on to our public bills. A
second reading non-roll call bill, House Bill 26, the clerk will read.
[SPEAKER CHANGES]
House Bill 26, Strengthen Laws Vehicle Theft.
[SPEAKER CHANGES]
Senator Daniel is recognized to explain the bill.
[SPEAKER CHANGES]
Thank you, Mr. President and members of the Senate. This act increases
the penalty for activities related to the dismantling and resale of
parts from stolen motor vehicles and amends the knowledge requirement
for persons alleged to have participated in those activities. I commend
the bill for your support and also, but before that, Mr. President, I do
have an amendment that I need to submit and the clerk does not have it
yet.
[SPEAKER CHANGES]
Senator, you can send forward your amendment.
[SPEAKER CHANGES]
The clerk will read.
[SPEAKER CHANGES]
Senator Daniel moves to amend the bill.
[SPEAKER CHANGES]
Senator Daniel, just wait one second while that pops up on the dash.

Senator Daniels is recognized to explain the amendment.
[SPEAKER CHANGES]
mister president this is purely a technical amendment. It amends the
effective date portion of the bill it has no substantive change
[SPEAKER CHANGES]
Is there any discussion or debate. Hearing none the request is before
the senate is the passage of amendment one. All in favour will vote Aye
all oppose No. Five seconds will be allowed for the voting. The clerk
will record the vote.
45 having voted in the affirmative and zero in the negative. Amendment
one is adopted. The bill as amended is back before the body.
Is there any discussion or debate. Hearing none the request before the
senate is the passage of senate comity substitute house bill 26 as
amended on the second reading. All in favour vote Aye all opposed vote
No. Five seconds will be allowed for the voting. The clerk will record
the vote.
Gunn witter ?? II. 49 having voted in the affirmative and zero in the
negative. The senate comity substitute the house bill 26 as amended.
Passes its second reading with out objection. Read a third time.
[SPEAKER CHANGES]
North Caroline ??
[SPEAKER CHANGES]
?? discussion or debate. Hearing none the question before the senate is
the passage of the senate comity substitute bill 26 as amended on it
third reading. All in favour say Aye , opposed No. The Ayes have it.
Senate comity substitute the house bill 26 as amended passes its third
reading. The memo will be engross, it will be send to the House for
concurrence in the senate comity substitute.
House bill 392 clerk will read.
[SPEAKER CHANGES]
House bill 392. warrants status drug screen public assist
[SPEAKER CHANGES]
Senator Goolsby is recognize.
[SPEAKER CHANGES]
Thank you mister president. What this bill does, is that it requires a
county department of social services to verify whether and applicant
for, or recipient of temporary assistance for needy family benefits.
Or food and nutrition service benefits. Is a fleeing felon or a
probation or parole violator, it also directs inter agency co-operation
to gather this information. And secondly it requires drug screening and
testing for certain applicants, and recipients of the work first program
assistance. I also mister president have and amendment I have handed up
to the clerk. I wanted to verify that its version seven.
[SPEAKER CHANGES]
Send forth your amendment the clerk will read.
[SPEAKER CHANGES]
Senator Goolsby move to amend the bill.
[SPEAKER CHANGES]
senator Goolsbyis recognized. To explain the amendment.
[SPEAKER CHANGES]
thank you mister president. It does several things it adds in to the
cooperating agencies, North Carolina Department of Justice, and the
State Bureau of Investigation. It also sets up a procedure, for getting
the records form the Department of Justice to the extent required by
federal law. So that we maintain our funds. Additionally it removes
language that may have cause a constitutional problems. stating that
drug test are confidential. Further it refers, it sets up a system, for
referring people who test positive, to treatment and it also sets up the
standard for reasonable suspicion removing the subjectivity.
[SPEAKER CHANGES]
any discussion or debate. Hearing none the question before the senate
is the passage of amendment one. All in favour vote Aye all opposed vote
No. Five seconds will be allowed for the voting. The clerk will record
the vote.
All ran Aye, 49 having voted in the affirmative and zero in the
negative. Amendment one is adopted. The bill as amended is back before
the body. Is there any discussion or debate
[SPEAKER CHANGES]
mister president
[SPEAKER CHANGES]
senator Kinnaird for what purpose do you rise.
[SPEAKER CHANGES]
I like to speak on the bill.
[SPEAKER CHANGES]
senator Kinnaird has the floor to speak to bill.
[SPEAKER CHANGES]
I think this is greatly improved this bill and the amendment, really
does make a big difference. How ever I head from my social services
department, several of them. They feel this if gonna add a burden that
they are not equipped to handle. So there for, while I think the bill's
improved. I'm gonna vote against it. Because I feel that’s too much of a
burden on our social services. Thank you.
[SPEAKER CHANGES]
is there any further discussion or debate. Hearing none question before
the senate is the passage of the senate comity substitute the house
bill 392 as amended on its second reading. All in favour vote Aye all
opposed No. Five seconds will be allowed for the voting. The clerk will
record the vote. ??
43 having voted on the affirmative, and six in the negative. senate
comity substitute house bill 392 as amended passes its second reading
with out objection. Be read a third time.
[SPEAKER CHANGES]
North Caroline ?? assembling acts.
[SPEAKER CHANGES]
is there any discussion or debate. Hearing none the question before the
senate is the passage of the senate comity substitute the house bill
392 as amendment on its third reading. All in favour will say Aye

Oppose no. The ayes have it ?? substitute the house bill 392 as amended
passes its third reading. The amendment will be engrossed, it will be
sent to the House for concurrence in the Senate committee substitute.
[SPEAKER CHANGES]
Mr. President.
[SPEAKER CHANGES]
Senator Apodaca, for what purpose do you rise?
[SPEAKER CHANGES]
A couple of motions relative to today’s count.
[SPEAKER CHANGES]
Senator Apodaca has the floor for the motions.
[SPEAKER CHANGES]
House bill 417 modifying ?? ?? statutes. Let’s pull it off today’s
calendar. and rerefer the committee on rules and operations of the
Senate.
[SPEAKER CHANGES]
Objection is awarded.
[SPEAKER CHANGES]
Thank you, Mr. President. House bill 15 ?? ?? management changes. Let’s
move it off of today’s calendar and put it on July 15.
[SPEAKER CHANGES]
Objection is awarded.
[SPEAKER CHANGES]
And Senate bill 315 ?? design bill delivery method. Pull it off of
today’s calendar and put it on tomorrow’s.
[SPEAKER CHANGES]
That objection is awarded. So that leaves us with one bill for
concurrence. Senate bill 337. The clerk will read.
[SPEAKER CHANGES]
Senate bill 337. NC Charter School Advisory Board.
[SPEAKER CHANGES]
Senator Tillman is recognized.
[SPEAKER CHANGES]
Mr. President, I would like to ask the members to vote no, that is your
red button. The House made several changes, some of them need some work,
so I’d ask us not to concur, thank you.
[SPEAKER CHANGES]
Senator Tillman recommends you do not concur, is there any discussion or
debate? Hearing not, question for the Senate is the motion to concur in
the House committee substitute number two to Senate bill 337. All in
favor will vote aye, opposed will vote no. Five seconds will be allowed
for the voting clerk to record the vote. McLaurin, McLaurin.
[SPEAKER CHANGES]
Aye.
[SPEAKER CHANGES]
Mr. President.
[SPEAKER CHANGES]
Senator Blue, for what purpose do you rise?
[SPEAKER CHANGES]
My vote should have been a no.
[SPEAKER CHANGES]
Senator Blue changes his vote to no. 14 having voted in the affirmative,
and 35 in the negative. The Senate does not concur in the House
committee substitute number two to Senate bill 337, and the House will
be so notified.
[SPEAKER CHANGES]
Mr. President.
[SPEAKER CHANGES]
Senator Apodoca, for what purpose do you rise?
[SPEAKER CHANGES]
Mr. President, earlier in the session house resolution 1017 honoring the
grove park inn was read in. I ask that rules be submitted in and be
brought forth for immediate consideration.
[SPEAKER CHANGES]
The objection is awarded. House joint resolution 1017, clerk will read.
[SPEAKER CHANGES]
House joint resolution 1017, honoring grove park inn centennial.
[SPEAKER CHANGES]
Do we have anyone speaking to that resolution?
[SPEAKER CHANGES]
Sure, I will.
[SPEAKER CHANGES]
Senator Apodoca has the floor.
[SPEAKER CHANGES]
Thank you, Mr. President, members. Senator Nesbitt and I have had many a
good time on the terrace of the grove park inn watching the sun go down,
enjoying an adult beverage. Any of those who have not experienced the
grove park inn we invite you up, cause it truly is one of the most
phenomenal spas, resorts, that you will find in North Carolina and we
are very proud of it, it’s been with us a hundred years and I believe
every president since… a hundred years ago Senator Allran when you first
came into office, has stayed in grove park inn if I’m not mistaken, and
it is truly a wonderful place and we invite you up to enjoy the
hospitality on the sunset terrace, thank you.
[SPEAKER CHANGES]
Thank you, Senator. Any further discussion or debate? Senator Nesbitt,
for what purpose do you rise?
[SPEAKER CHANGES]
Thank you, Mr. President, to speak on the resolution.
[SPEAKER CHANGES]
Senator has the floor.
[SPEAKER CHANGES]
Thank you, Mr. President. I’m delighted today to bring you the second
bill in about a week Senator Apodoca and I agree on. This is a much more
pleasant experience. I think most of yall have been there, so there’s
nothing we can really tell ya about this place. I will tell you this,
there’s something magical about our mountains up there that inspire
people to do very wonderful things. You’ve been to visit the ?? Estate,
how in the world did that thing get there? That fellow sat down and
looked and said “this is the most beautiful place I’ve ever seen” and he
bought everything in sight. Everything he could see to the west he
bought. They gave the ?? National Forest I think it was, one of those
national forests, to the federal government. When they started having to
pay tax on all that land.

The Grove Park Inn is probably one of the most impressive of all those
things that have occurred up there, and one thing that's always struck
me, if you ever go up there, they've got a little history of it out
there that you can see. Most of you have seen that. They hauled those
rocks up there one at a time on the back of a pick up or van pool, by
mules or something, to get them to the top of the mountain. And, at the
time it was built, it was considered a modern marvel. It was considered
by the people all over this country as the epitome of modern
architecture at the time. And the, the ability of this country to build
something. The most impressive piece of it was Grove designed it,
commissioned his son-in-law to build it. From the time they broke dirt
until they opened the doors was a year and a week. The place was build
in a year, and open to the public. We're very proud of it. I've, back
when I could still play golf and travel some I. Golf is the one thing I
do for fun, or used to do for fun, and I don't even do it anymore, but.
And I've played golf courses all over this country, and if you never do
anything else, if you can still play golf, go play that golf course. It
is the most pleasant experience you'll ever have. I've told people I'd
rather play there than any place I've played in this country. You can
kind of hit it all over the place and enjoy yourself. The air's good
and fresh. About every other hole you get to look west and see those
mountains. And it is just an absolutely glorious place up there. We're
extremely proud of it. It's been sold twice now in about a year. Both
times for an upgrade, and we're pleased about that. But come and visit
us.
[SPEAKER CHANGES]
Thank you, Senator. Senator Daniel, for what purpose do you rise?
[SPEAKER CHANGES]
Speak to the resolution.
[SPEAKER CHANGES]
Senator Daniel has the floor.
[SPEAKER CHANGES]
Thank you Mr. President. It's good to see Senator Nesbitt and Senator
Apodaca agree on a bill today. If you're familiar with the Grove Park
Inn, they have an annual Christmas gingerbread house competition that's
very amazing. People submit entries from across the state, and it's
just a beautiful display. So today I'd like to challenge these two
Senators from Buncombe County to enter a gingerbread house in the
competition, and I want to see which senator has the better gingerbread
house.
[SPEAKER CHANGES]
Senator Nesbitt, for what purpose do you rise?
[SPEAKER CHANGES]
I wanted to respond to that. We've tried that, but it gets gone before
we get it to the build.
[SPEAKER CHANGES]
Senator Jenkins, for what purpose do you rise?
[SPEAKER CHANGES]
Mr. President, if I may I'd like to ask the rules chairman a question.
[SPEAKER CHANGES]
Senator Apodaca do you yield?
[SPEAKER CHANGES]
To that sport coat, I sure do.
[SPEAKER CHANGES]
Senator Apodaca, should we be on guard to look for some legislation
later that transfers the Grove Park Inn to Henderson County?
[SPEAKER CHANGES]
Senator Jenkins, no, but we do have our eye on the Biltmore House.
[SPEAKER CHANGES]
Is there any further discussion or debate? Hearing none, the question
before the Senate is the passage of House joint resolution 1017. On a
second reading, all in favor vote aye. Five seconds will be allowed for
the voting. The clerk will record the vote. 46 having voted in the
affirmative, and 0 in the negative, House joint resolution 1017 passes a
second reading without objection. Be read a third time.
[SPEAKER CHANGES]
North Carolina ???
[SPEAKER CHANGES]
Is there any further discussion or debate? Hearing none, the question
before the Senate is the passage of House Joint resolution 1017, on it's
third reading. All in favor will say aye.
[SPEAKER CHANGES]
[MANY VOICES] Aye.
[SPEAKER CHANGES]
All opposed, no. The ayes have it. House joint resolution 1017 passes
it's third reading, and it will be enrolled. That concludes the
calendar for today. Do we have any notices or announcements? Senator
Hise, what purpose do you rise?
[SPEAKER CHANGES]
Send forth conference report, out of order.
[SPEAKER CHANGES]
Senator, you can send forward your conference report. The clerk will
read.
[SPEAKER CHANGES]
Conference report. House bill 649. President of the Senate. Conferees
appointed to resolve the difference between the Senate and the House of
Representatives on House Bill 649, a bill to be entitled an act to make
technical changes to the small employer group health coverage reform act
to mitigate the effects of the federal affordable care act on

…Carolina small businesses and to increase stop loss insurance options
for small employers.
[SPEAKER CHANGES] House Bill 649 Conference Report Calendar. Senator
Brown, for what purpose do you rise?
[SPEAKER CHANGES] To announce several conferees.
[SPEAKER CHANGES] Senator, you have the floor.
[SPEAKER CHANGES] Thank you, Mr. President. Senator Berger appoints the
following conferees for Senate Bill 337, North Carolina Charter School
Advisory Board: Senator Tillman, chair; Senator Soucek, Senator Wade and
Senator Clark. Senator Berger appoints the following conferees for
Senate Bill 683, Safe Harbor, Victims of Human Trafficking: Senator
Goolsby, chair; Senator Berringer, Senator Kinnaird. Senator Berger
appoints the following conferees for House Bill 232, State Health Plan,
Statutory Changes: Senator Apodaca, chair; Senator Hise, Senator Gunn
and Senator McLaurin. Senator Berger appoints the following conferees
for House Bill 250, Charter School Enrollment and Charter Revisions:
Senator Tillman, chair; Senator Soucek, Senator Sanderson and Senator
Walters. And also an announcement if I could?
[SPEAKER CHANGES] Senator, you have the floor for an announcement.
[SPEAKER CHANGES] Republicans will caucus immediately after session.
[SPEAKER CHANGES] Senator Gunn, for what purpose do you rise?
[SPEAKER CHANGES] Send forward the Conference Report out of order.
[SPEAKER CHANGES] Send forward your report, Senator. Clerk will read.
[SPEAKER CHANGES] Conference Report, House Bill 662, to President of the
Senate. Conferees appointed to resolve the differences between the
Senate and the House of Representatives on House Bill 662, a bill to be
entitled An Act Providing for Issuance of a Limited Plumbing Contractor
License to Install and Service Backflow Prevention Assemblies and to
Allow Courts to Award the Board of Examiners of Plumbing, Heating and
Fire Sprinkler Contractors Reasonable Costs of Investigation and
Prosecution of Violations.
[SPEAKER CHANGES] House Bill 662, Conference Report, Calendar.
[SPEAKER CHANGES] Mr. President?
[SPEAKER CHANGES] Senator Soucek, for what purpose do you rise?
[SPEAKER CHANGES] To send forward the Conference Report out of order.
[SPEAKER CHANGES] Senator you can send forward your report.
[SPEAKER CHANGES] Conference Report, House Bill 255, to president of the
Senate. Conferees appointed to resolve the differences between the
Senate and the House of Representatives on House Bill 255, a bill to be
entitled An Act to Provide That Certain Courses and Academic Credit
Hours Transferred to a Constituent Institution Shall Not Be Included in
the Calculation of Credit Hours for Purposes in the Tuition Surcharge
and to Require that Uniform Procedures be Implemented in the University
of North Carolina System to Provide Appropriate Advance Notice to
Student when a Student is Approaching a Credit Hour Limit Regarding the
Tuition Surcharge.
[SPEAKER CHANGES] House Bill 255, Conference Report, Calendar. Do we
have any other notices or announcements? Any further business to come
before the Senate? If not, the Chair recognizes Senator Berger for a
motion.
[SPEAKER CHANGES] Thank you, Mr. Chairman. I move that the Senate do now
adjourn, subject to the re-referral of bills and resolutions, the
receipt of messages from the House and the Governor, and the
ratification of bills, to reconvene on Thursday, July 11, 2013 at 11
A.M.
[SPEAKER CHANGES] The motion of the Senate to now adjourn subject to the
stipulations stated by Senator Berger, to reconvene Thursday, July 11th
at 11 A.M., seconded by Senator Apodaca. All in favaor say aye.
[SPEAKER CHANGES] Aye.
[SPEAKER CHANGES] Opposed no. The ayes have it. Senate stands adjourned.